End of Strike Opens Jail Cells For N.J. Teachers

It was a roll call unlike any the school community had ever seen. In
alphabetical order, teachers and secretaries on strike in a New Jersey
district were summoned to court and given a choice of returning to work
or going to jail. In all, 228 had been put behind bars by the end of
last week, when union leaders called off the strike, triggering the
workers' release.

The drama that unfolded in Middletown Township was part of a
continuing contract dispute between district and union leaders, and is
believed to mark the first time anywhere in nearly 20 years that so
many rank-and-file teachers have been locked up for taking part in a
job action.

Prompted by a judge's order to end the work stoppage called by the
1,000-member Middletown Township Education Association, the jailings
led to a week of round-the-clock negotiations, local protests joined by
national union leaders, and death threats against the township's school
board. Said school board President Patricia Walsh last week: "I did not
picture that we would be at the point we are at."

The conflict between teachers and officials of the 10,500-student
district is the latest blow in recent months for Middletown, a
community near the bay wedged between central New Jersey and New York
City. About three dozen area residents were killed in the Sept. 11
attack on the World Trade Center. And a number of major local employers
have seen layoffs, including the giant Lucent Technologies, which is
based nearby.

'Vindictive Board'?

Each side in the labor dispute blames the other for the jailings.
Middletown teachers began their strike Nov. 29, and continued the
walkout for six more days, even after the school board succeeded in
getting a ruling from state Superior Court Judge Clarkson S. Fisher
that the educators had to go back to work.

New Jersey law does not explicitly forbid strikes by public
employees, but teachers there can be held in contempt for disobeying
back-to- work orders. Union officials say the last time that happened
in the state was in 1982, when a strike in Teaneck led to the unusual
step of incarcerating more than 150 staff members inside a local school
during the daytime hours.

The Middletown school board "didn't want a settlement; they wanted
their people in jail," charged Karen Joseph, a spokeswoman for the New
Jersey Education Association, the state counterpart of the local union.
"Quite candidly, this is a vindictive board of education."

But district leaders maintained that the teachers had decided their
own fates. Each teacher was brought before the judge and asked whether
he or she intended to continue striking. Most who said yes were placed
in custody in the Monmouth County jail. Some were excused for family or
medical reasons. And the district says more than 100 broke ranks with
the union and reported to work.

"I know they have said we labeled them as criminals, but they are
choosing to violate the judge's order and to violate the law," Ms.
Walsh said. "And no person is above the law."

While waiting for the names to be called, teachers held protests and
vigils outside the Hall of Records in Freehold, where the proceedings
took place.

Last week, National Education Association President Bob Chase joined
the gathering and delivered a speech in which he addressed district
leaders and Judge Fisher, scolding repeatedly: "Shame on you."

Meanwhile, a caller left a message on the school board's district
answering machine threatening to kill a board member, said Britt
Raynor, who sits on the panel.

Middletown has a history of labor strife in its schools. An impasse
in contract talks three years ago led to a weeklong strike by the
teachers' union that ended after the board secured a back-to-work
order, also by Judge Fisher.

Insurance Dispute

The current dispute centers on a proposal to increase the amount
employees contribute for their medical insurance. The plan is expected
to save the district $200,000 in the first year. Workers' premiums
would rise in the future as coverage costs increased.

"It's very simple: These costs are skyrocketing," Mr. Raynor said.
"They are getting out of sight, and like private enterprise around the
country, we need some help."

Although teachers agreed to return to work starting Dec. 10, the two
sides had yet to settle a contract late last week. Instead, they signed
off on a deal to continue negotiations with a court- appointed
mediator.

"There was really no need to go through the events of this week to
arrive at the same place that we are today," Ms. Walsh said.

Gauging community reaction to the strike and the resultant jailings
of teachers has been difficult. Some parents joined educators in their
protests, while others said the recent economic downturn affecting many
Middletown families had hardened their attitudes about the job
action.

A former PTA president, Eileen Gannon, said she had sympathized with
the union members during the last strike, but was frustrated with them
now.

"It's a painful situation that they have put us in," she said. "I
have a 1st grader who says, 'Mommy, what if my teacher goes to jail?' A
child thinks that her teacher is everything. And to a 7-year-old, jail
is a bad place, so if her teacher goes to jail, what does that
mean?"

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